Microsoft to Retire Internet Explorer: Lessons for Today’s Antitrust Cases

Microsoft just announced it will retire its Internet Explorer browser next year. This is the same program that was at the heart of an antitrust lawsuit against Microsoft in the late 1990s. There are two lessons here for today’s calls for expanding antitrust enforcement. One is that making something the default option does not guarantee that people will use it. The second is that the difference between a 90 percent market share and a laughing stock can be as small as a few years.

Internet Explorer was bundled into Microsoft’s Windows operating system, and Microsoft would not allow computer manufacturers to unbundle it. It was also set as Windows’ default browser in every new machine. It had a 90 percent market share in 2001, when the case was still active. The antitrust case argued that Microsoft’s inclusion of Internet Explorer with Windows was illegal tying—requiring consumers to buy two products together, even if they only want one of them.

The case more or less ended in a draw. The initial decision to break the company up was overturned on appeal. In the final settlement, Microsoft made some minor concessions to the government and paid about $3 billion to competitors who had sued it in separate private antitrust lawsuits.

Just a few years later, Internet Explorer’s 90 percent market share cratered. It turns out that making something the default option is not enough to make people actually use it. A succession of superior browsers, including Mozilla’s Firefox and Google Chrome, have taken turns as the leading browsers. Chrome is the current market leader with about a 65 percent market share.

As a response to the competition, Microsoft launched Edge, a new browser, and made it the default Windows browser. Its market share is currently about 3 percent. Internet Explorer is around 1 percent.

Microsoft’s real-world experience puts a damper on today’s antitrust claims that Google, Apple, and Amazon giving preferential treatment to their in-house offerings is an effective anti-competitive strategy. This is because of what I call the dozen keystrokes argument—that’s about how difficult it is to download a different browser, type in a different search engine’s URL, join a new social network, or find a different product in a search.

Internet Explorer’s journey to the pasture is not the only news story poking holes in populist antitrust arguments. AT&T is selling its WarnerMedia division for about half of what it paid for it just three years ago. The deal was nearly blocked, with critics arguing that combining network infrastructure and media content in the same company would devastate competition. Now AT&T is refocusing on networks, while WarnerMedia is attempting to compete with a raft of streaming services, many of which did not exist just a few years ago. Antitrust regulators’ cries of foul will never change, but markets always do. Just ask Microsof and AT&T.

What Inflation Is, and What It Isn’t

It looks like we’re in for a bit of inflation. After decades of stable 2 percent inflation, the latest indicators say it’s moving up to about 4 percent. While fears of Carter-era stagflation are overblown, even a modest jump in inflation would be harmful. The warning signs are clear, and policy makers should act to avoid it. They probably won’t. Even so, a lot of people need to chill out on their inflation fearmongering.

We’re not going to become Argentina or Zimbabwe. We’re not even going back to the 1970s, when inflation was in the double digits. Part of the confusion is that many people seem to be confused about what inflation is, and what it isn’t. This post will try to clarify that in plain English.

The late Nobel laureate economist Milton Friedman famously said that “inflation is always and everywhere a monetary phenomenon.” That means inflation has to do with money itself. When the money supply changes, but the amount of actual goods and services doesn’t, the price level changes. This can happen when the government prints more dollars, adjusts interest rates on loans, and engages in heavy deficit spending.

Other types of price changes are not inflation. The recent hike in gas prices following the Colonial Pipeline hack was not inflation. That was supply and demand. The supply of gas was cut off, so its price went up. Since this didn’t involve the supply of money itself, it wasn’t inflation.

Computers are another example of non-inflation price changes. Most people are familiar with Moore’s Law, which states that computing power at a given price doubles every two years or so. On paper, this continual price drop looks like deflation. It is not. The price is going down because of technological improvements. Money supply has nothing to do with it. Again, if a price change isn’t monetary, it isn’t inflation.

Some of this confusion is baked into the indicators we use to measure inflation, such as the Consumer Price Index) and the Personal Consumption Expenditures Price Index. These take a basket of common goods and track their prices over time. While this is good for tracking overall price changes, they can’t precisely suss out how much of those price changes are due to monetary factors like deficit spending or dollar printing, versus how much is caused by non-monetary factors, like broken pipelines or technological progress. These indicators are useful and can give us a general idea of what is happening. But they are not perfect, and most economists believe they overstate inflation.

Many people are worrying about gas price increases as a harbinger of inflation. There is a psychological reason for this—for a lot of people, the oil price shocks of the inflationary 1970s are within living memory. Today’s shocks are bringing back some bad memories, and it is natural to make that association. But if it isn’t monetary, it isn’t inflation. The recent price shock was a supply and demand shock.

The rapid gas price increase also comes after people had gotten used to enjoying a year of low gas prices due to the pandemic. Coming up from a lower baseline makes a sharp increase feel even sharper. But again, this price change wasn’t monetary. People weren’t driving as much during lockdowns, so demand for gas was down. Money supply had nothing to do with it.

People shouldn’t be so jumpy, though it’s understandable that they would be. While 4 percent inflation is not cause for alarm, it will still cause harm. Inflation is a regressive tax that hits everyone, but especially the poor. When your dollars buy less for reasons having nothing to do with supply and demand, that is unfair—especially if you are already having trouble making ends meet.

Inflation also causes long-term harm. Prices are information signals. Even if people had no idea the Colonial Pipeline had been hacked, seeing a $16 per gallon price told them to buy less gas, and save supply for people who really need it. The hoarders the Internet has been making fun of are the exception, not the rule. Some of the images are also fakes.

Inflation messes with those signals. When a fake price signal tells people to buy one good instead of another, businesses will shift resources to meet that fake demand. That leaves everyone worse off—consumers and businesses alike. When people make long-term investment decisions based on faulty signals, the result is malinvestment—and fewer resources available for good investments.

How can policy makers keep inflation in check? One way is to spend less. When government engages in deficit spending, it increases the money supply. Part of the cost of the trillions of dollars of stimulus and infrastructure spending will be extra inflation—not enough to bring back bellbottom jeans, but enough to cause some harm.

Unfortunately, neither party is interested in spending restraint. Fortunately, even a $2 trillion infrastructure bill, if spread out over 10 years, will not have a major inflationary effect on an economy that is expected to produce more than $200 trillion over that time. It might be enough to add 1/10th of a percentage point or two to inflation, depending on how other factors play out. But it is not enough to cripple the price system.

Another way to keep inflation in check is through the Federal Reserve. The best policy for the Fed would be to adopt a strict rule like the Taylor rule or Nominal GDP targeting. These work by giving the Fed set instructions on how to respond to economic conditions. A simplified version of how these rules work is that if the economy grows by a certain amount, the Fed increases money supply by a certain matching amount specified by the rule.

This would accomplish two things. First, it would keep the level of inflation relatively low. All else being equal, a lower inflation rate is better than a higher one.

Second, sticking to a rule would keep inflation predictable. That is more important. If inflation is stable, it can’t do very much harm, even if it is relatively high. People can plan around steady inflation by factoring it into interest rates and cost-of-living pay increases. But if inflation is jumping all over the place, how can a small business taking out a 10-year loan calculate a fair interest rate?

While the Fed is unlikely to adopt a formal rule, it can at least resist political pressure to mess with inflation levels on election-minded politicians’ changing whims.

The recent news about inflation is not good, but it is also not apocalyptic. While inflation and monetary policy are a lot more detailed than described here, even a little bit of knowledge can show that while people should keep an eye on the new inflation, they also do not need to panic.

In the News: Inflation

I was recently quoted in a Center Square article about the recent uptick in inflation. Also quoted in the article is George Selgin, who unlike me is one of the top monetary economists in the country.

Read the whole thing here.

This Week in Ridiculous Regulations

The best news of the week was the Centers for Disease Control and Prevention advising that vaccinated people can safely go mask-free pretty much anywhere. Inflation is likely creeping upwards, due to monetary policy decisions and rapid spending increases. While it won’t return to Carter-era levels, an extra percentage point or two of inflation would slow down the COVID recovery. A hacked pipeline led to a gas shortage on the east coast and predictable calls for price gouging legislation. Meanwhile, agencies issued new rules ranging from solar-powered airports to triangle pigtoe.

On to the data:

  • Agencies issued 60 final regulations last week, after 55 the previous week.
  • That’s the equivalent of a new regulation every two hours and 48 minutes.
  • With 1,145 final regulations so far in 2021, agencies are on pace to issue 3,111 final regulations this year. 2020’s total was 3,149 final regulations.
  • Agencies issued 48 proposed regulations in the Federal Register last week, after 35 the previous week.
  • With 798 proposed regulations so far in 2021, agencies are on pace to issue 2,168 proposed regulations this year. 2020’s total was 2,021 proposed regulations.
  • Agencies published 408 notices last week, after 534 notices the previous week.
  • With 8,131 notices so far in 2021, agencies are on pace to issue 22,095 notices this year. 2020’s total was 22,480.
  • Last week, 1,933 new pages were added to the Federal Register, after 1,458 pages the previous week.
  • The average Federal Register issue this year contains 289 pages.
  • With 26,631 pages so far, the 2021 Federal Register is on pace for 72,367 pages in 2021. The 2020 total was 87,352 pages. The all-time record adjusted page count (subtracting skips, jumps, and blank pages) is 96,994, set in 2016.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. There are two such rules so far in 2021, none from the last week. Agencies published five economically significant rules in 2020, and four in 2019.
  • The running cost tally for 2021’s economically significant rules ranges from net savings of $100.7 million to net costs of $362.5 million. The 2020 figure ranges from net savings of between $2.04 billion and $5.69 billion, mostly from estimated savings on federal spending. The exact numbers depend on discount rates and other assumptions.
  • Agencies have published 16 final rules meeting the broader definition of “significant” in 2020, with none in the past week. This is on pace for 43 significant rules in 2021. 2020’s total was 79 significant final rules.
  • In 2021, 216 new rules affect small businesses. Five are classified as significant. 2020’s totals were 668 rules affecting small businesses, 26 of them significant.

Highlights from last week’s new regulations:

For more data, see Ten Thousand Commandments and follow @10KC and @RegoftheDay on Twitter.

One of Google’s Antitrust Cases Dismissed, for Now

A District judge on Thursday dismissed a private antitrust case against Google brought by a group of advertisers. It does not affect separate cases brought by state attorneys general and the federal Department of Justice.

The dismissal is rooted in the relevant market fallacy. Essentially, the advertisers’ lawyers defined Google’s relevant market too narrowly, which leaves out important details. As the judge writes, “The Court is particularly concerned that Plaintiffs’ market excludes social media display advertising and direct negotiations.”

Essentially, the attorneys argued that Google has a monopoly over Google ads. This is true, in the same way that Ford has a monopoly over Ford-branded cars. But just as car buyers can easily buy a Toyota or a Chevy despite this monopoly, advertisers can easily turn to other options, both online and in print.

The plaintiff’s lawyers until June 14 to revise and resubmit their lawsuit with a more realistic definition of Google’s relevant market.

The other antitrust complaints against Google commit their own versions of the relevant market fallacy, as I’ve noted before:

Google’s relevant market is larger than a traditional search engine page. Every Uber ride involves an Internet search to pair riders and drivers. These searches do not use a Google algorithm, and would not work if their customers’ information was “being concentrated in one company.” Netflix, Hulu, and Spotify searches do not use Google. Nor do dating sites, which compete with each other based on proprietary search algorithms, as do many other popular search-based Internet services.

The relevant market fallacy also applies to allegations of anti-conservative bias against Google. If Google acquires even the reputation of serving unreliable search results, consumers can turn to competing options by simply typing a web address into their browser. And the relevant competitive market, as noted above, is not limited to search engines. News aggregators, consumer review sites, and other relevant content sites are legion, and easy to find, even for relatively uninformed users.

I call this the dozen keystrokes argument, because that’s roughly how difficult it is to type in another website’s address.

It will be months before court dates are set in any of the Google antitrust suits. They are still in the process of deciding relevant market definitions for the purposes of the cases. As we’ve seen, plaintiffs often try to bias antitrust cases in their favor by suggesting unrealistically narrow market definitions. It is good that at least one judge is wise to this semantic trick.

Science, Openness, and Peace

From pp. 352-353 of Richard Holmes’ immensely enjoyable history of science in the early Romantic period, The Age of Wonder:

On 2 November [the British chemist and forefather of anesthesia Humphry] Davy received the Prix Napoléon (worth 6,000 livres) from the Institut de France in Paris. He knew that accepting the award might be unpopular in wartime England, but followed [British scientist and explorer Joseph] Banks’ line at the Royal Society that science should be above national conflicts. He told [tanner and essayist] Tom Poole: ‘Some people say I ought not to accept this prize; and there have been foolish paragraphs in the papers to that effect; but if the two countries or governments are at war, the men of science are not. That would, indeed, be a civil war of the worst description: we should rather, through the instrumentality of men of science, soften the asperities of national hostility.’

Montesquieu’s doux commerce thesis is that trade promotes peace and prevents war. Here, Humphry Davy, who is not as famous as he should be in the history of science, makes the same argument for science. When ideas and discoveries cross borders, it is less likely that soldiers will. This is an important point in today’s political climate of growing nationalism.

This Week in Ridiculous Regulations

The Facebook Oversight Board conditionally upheld former President Trump’s Facebook ban. Many Republican responses showed that they either do not understand the First Amendment or do not like its opening words, “Congress shall make no law.” Meanwhile, agencies issued new rules ranging from promoting concrete masonry to wood furniture emissions.

On to the data:

  • Agencies issued 55 final regulations last week, after 60 the previous week.
  • That’s the equivalent of a new regulation every three hours and three minutes.
  • With 1,085 final regulations so far in 2021, agencies are on pace to issue 3,118 final regulations this year. 2020’s total was 3,149 final regulations.
  • Agencies issued 35 proposed regulations in the Federal Register last week, after 28 the previous week.
  • With 750 proposed regulations so far in 2021, agencies are on pace to issue 2,155 proposed regulations this year. 2020’s total was 2,021 proposed regulations.
  • Agencies published 534 notices last week, after 437 notices the previous week.
  • With 7,723 notices so far in 2021, agencies are on pace to issue 22,193 notices this year. 2020’s total was 22,480.
  • Last week, 1,458 new pages were added to the Federal Register in a three-day week, after 1,318 pages the previous week.
  • The average Federal Register issue this year contains 284 pages.
  • With 24,695 pages so far, the 2021 Federal Register is on pace for 70,963 pages in 2021. The 2020 total was 87,352 pages. The all-time record adjusted page count (subtracting skips, jumps, and blank pages) is 96,994, set in 2016.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. There are two such rules so far in 2021, none from the last week. Agencies published five economically significant rules in 2020, and four in 2019.
  • The running cost tally for 2021’s economically significant rules ranges from net savings of $100.7 million to net costs of $362.5 million. The 2020 figure ranges from net savings of between $2.04 billion and $5.69 billion, mostly from estimated savings on federal spending. The exact numbers depend on discount rates and other assumptions.
  • Agencies have published 16 final rules meeting the broader definition of “significant” in 2020, with none in the last week. This is on pace for 46 significant rules in 2021. 2020’s total was 79 significant final rules.
  • In 2021, 207 new rules affect small businesses. Five are classified as significant. 2020’s totals were 668 rules affecting small businesses, 26 of them significant.

Highlights from last week’s new regulations:

For more data, see Ten Thousand Commandments and follow @10KC and @RegoftheDay on Twitter.

On the Radio: Apple’s EU Antitrust Case

On Friday, I discussed the EU’s new antitrust case against Apple on the Lars Larson show. Audio is here.

This Week in Ridiculous Regulations

The economy bounced back in a big way, according to numbers released on Thursday. Things are not quite back where they were, but the trend is clear. As the virus retreats, the economy advances. This renders moot most of the plans President Biden outlined in his joint address to Congress on Wednesday. New regulations on the year also passed the 1,000 mark last week. Meanwhile, agencies issued new rules ranging from underwater cables to tipping.

On to the data:

  • Agencies issued 60 final regulations last week, after 65 the previous week.
  • That’s the equivalent of a new regulation every two hours and 48 minutes.
  • With 1,030 final regulations so far in 2021, agencies are on pace to issue 3,140 final regulations this year. 2020’s total was 3,149 final regulations.
  • Agencies issued 28 proposed regulations in the Federal Register last week, after 47 the previous week.
  • With 715 proposed regulations so far in 2021, agencies are on pace to issue 2,180 proposed regulations this year. 2020’s total was 2,021 proposed regulations.
  • Agencies published 437 notices last week, after 507 notices the previous week.
  • With 7,189 notices so far in 2021, agencies are on pace to issue 21,918 notices this year. 2020’s total was 22,480.
  • Last week, 1,318 new pages were added to the Federal Register in a three-day week, after 1,664 pages the previous week.
  • The average Federal Register issue this year contains 284 pages.
  • With 23,235 pages so far, the 2021 Federal Register is on pace for 70,838 pages in 2021. The 2020 total was 87,352 pages. The all-time record adjusted page count (subtracting skips, jumps, and blank pages) is 96,994, set in 2016.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. There are two such rules so far in 2021, none from the last week. Agencies published five economically significant rules in 2020 and four in 2019.
  • The running cost tally for 2021’s economically significant rules ranges from net savings of $100.7 million to net costs of $362.5 million. The 2020 figure ranges from net savings of between $2.04 billion and $5.69 billion, mostly from estimated savings on federal spending. The exact numbers depend on discount rates and other assumptions.
  • Agencies have published 15 final rules meeting the broader definition of “significant” in 2020, with none in the last week. This is on pace for 46 significant rules in 2021. 2020’s total was 79 significant final rules.
  • In 2021, 199 new rules affect small businesses. Four are classified as significant. 2020’s totals were 668 rules affecting small businesses, 26 of them significant.

Highlights from last week’s new regulations:

For more data, see Ten Thousand Commandments and follow @10KC and @RegoftheDay on Twitter.

EU Antitrust Action Against Apple – Bad for Trade, Bad for Consumers

This press release was originally posted at cei.org.

The EU Commission declared today that “Apple has a monopoly” in the distribution of music streaming apps to owners of Apple devices, the upshot of an antitrust investigation launched last year against the App Store and triggered by a complaint filed by streaming music company Spotify. CEI experts criticized the EU for what will be a poor outcome for consumers, entrepreneurs, and trade.

Ryan Young, CEI trade policy expert

“Antitrust policy can be a form of trade protectionism, similar to tariffs. Europe’s tech industry has long lagged behind America’s, largely due to the EU’s stifling regulatory climate. The EU could boost its tech industry by reforming its own bad policies, such as its corporate subsidies and overly risk-averse regulatory approach. Instead, it is trying to boost Europe-based Spotify by taking U.S.-based Apple to court.

“It is better to build up than to tear down. Europe has plenty of talented innovators and plenty of capital to fund them. The EU would better help consumers and businesses by letting its entrepreneurs innovate, rather than suing foreign competitors.”

Jessica Melugin, CEI technology policy expert

“Apple’s fees are in line with or less than the global industry standard, and Spotify has benefited greatly from the App Store’s distribution network. Spotify chose to offer its product through the App Store and now is crying to regulators in the EU and US for them to intervene and change the rules. Apparently, corporate cronyism is at home on both continents.”

Related analysis: Terrible Tech 2.0: The Most Burdensome, Anti-Consumer Technology Policy Proposals in Washington